Lawyers for former President Rodrigo Duterte are calling on the International Criminal Court (ICC) to re-evaluate his ongoing detention, pointing to his rapidly deteriorating health within the Hague-based facility.
In a nine-page submission filed on Friday, defense counsel Nicholas Kaufman asserted that Duterte’s medical decline constitutes a “prima facie change in circumstances,” warranting a reversal of previous orders to keep him in custody.
Kaufman argued that the former president’s weakened state contradicts the court’s earlier conclusion that he remains a flight risk or a threat to the integrity of the proceedings.
“Mr. Duterte has indeed informed his legal team and his immediate family that he has experienced frequent episodes of falls occasioned by a loss of balance,” the filing stated.
The defense revealed that ICC medical personnel have officially categorized Duterte as “an elderly detained person, with increased fall risk due to age and several chronic physical ailments.”
Since his transfer to the tribunal’s custody in March 2025, the filing claims Duterte has collapsed several times and required hospitalization.
Medical notes from a consultation on March 24 further highlighted cognitive decline, noting that the former leader struggled to recall basic information.
“Additionally, he does not know today’s date and guesses July or September for the month,” the clinician wrote.
In light of these claims, Trial Chamber III has been asked to compel detention authorities to provide surveillance footage and logs documenting these incidents. Kaufman indicated that this evidence would form the basis of a formal motion for reconsideration.
Although previous attempts at interim release were denied and subsequently upheld by the Appeals Chamber, the defense maintains that his current physical and mental condition makes continued detention unjustifiable.